Vaughan v. Warnell
Texas Supreme Court
Appeal from McLennan. The case was tried before Hon. H. W. Battle, one of the district judges. Motion by the appellant against Warnell, as sheriff of McLennan county, and the sureties on his official bond, under the 23d section of the execution law. (PaschaFs Dig., Art. 3796, Note 884.) The cause of the motion was the failure of the sheriff to make return of an execution in favor of the appellant, against Moses Quest and R. T. Frazier.
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Appeal from McLennan. The case was tried before Hon. H. W. Battle, one of the district judges. Motion by the appellant against Warnell, as sheriff of McLennan county, and the sureties on his official bond, under the 23d section of the execution law. (PaschaFs Dig., Art. 3796, Note 884.) The cause of the motion was the failure of the sheriff to make return of an execution in favor of the appellant, against Moses Quest and R. T. Frazier. An issue was made up, and verdict and judgment had for defendants. The facts appear substantially in the opinion of the court.
1Opinion of the CourtSmith, J.
—This is a motion made by the appellant, Vaughan, against the appellee, J. M. Warnell, sheriff of Hill county, and his sureties, Booth and Jones, for failure to make return, as the law prescribes, of an execution issued April 6,1858, from the District Court of McLennan county in favor of said Vaughan, and against Moses Quest and R. T. Frazier.
The defendants below answered that Quest and Frazier were hopelessly insolvent, and at no time while Warnell, the sheriff, had the execution, could he, by proper official diligence, have collected the money on the same. A trial was had, and verdict and…
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